1823.1 PENAL CODE AND PENITENTIARY SYSTEM. nute made of their criminal history; the number of times they have been imprisoned and pardoned; the sentence of the court, and the term expired at the date of their pardon; the length of time they were at large before the second or third offence; the time they served in prison in solitude or at labour; the effect of confinement upon their constitutions, and their feelings as to the difference in punishment between solitude and labour. There are 26 confined in cells who are on a 2d conviction, 3 on a third, and one on the 4th, and six are sentenced on their first conviction to solitary confinement, ten of those who are in on a second conviction, 3 on a third, and one on a fourth had been confined for previous offences in the state of New York, but none of them in solitude., Sixteen of those who were in on a 2d conviction, were confined for the first offence in the Auburn prison. Eight were pardoned before the expiration of their first sentence, two of whom had been upwards of two years in solitary confinement, and one two years and three months, 5 had escaped from the keepers while working on the canals, and were either retaken or convicted of fresh crimes against the community, and 2 served out their term of sentence; 7 have been in the cells from 7 to 9 months; 9 from 10 to 12 months; 11 from 13 to 22 months; and one had been in solitude for 29 months. One was sentenced for life on his first conviction, and served 3 years and 4 months, (2 years and 6 months of which in solitude,) when he was pardoned: he was out 3 months when he was again convicted and returned to his own cell.-Four were sentenced to 5 years, one of whom served one year and 3 months in the yard, and 2 years in solitude; the second served 2 years, the third 2 years and 2 months, and the fourth 2 years and 4 months at labour, when they were pardoned. The first was out of prison 4 months, the second 2 years, the third 9 months, and the fourth 8 months, when they were again convicted." "From a pretty close examination of the prisoners, as to the effects of solitary confinement upon their constitutions and general health, we were led to the conclusion, that upon most of them the effects were injurious, particularly those who had been in confinement one year and upwards. They generally complained of excessive weakness and debility; some of violent and others of slight affections of the lungs; some of rheumatic pains, numbness and swelling of their limbs, which they described as paralysed or frequently falling asleep. One stated that he was ruptured, which he attributed to weakness brought on by his confinement; and another that he was frequently attacked by convulsions, which left him much debilitated; several that they had lost much flesh, since their confinement, that their appetite was poor, and their sleep much disturbed. They generally declared that they would prefer the hardest labour and the coarsest food to their present condition, and two of them begged they might have work in their cells, in order to make the time pass off less irksome." It was the opinion of the inspectors that in many cases confinement in solitude for a year or more produces nervous affections or extensive debility, and that in a few instances diseases of the lungs had been contracted in solitude, which have proved fatal. "Some of the convicts, (they observed) would sink under this mode of punishment, unless they were permitted to go into the yard for a few weeks, when fresh air and light labour invigorates their constitutions, and generally restores them to health. And it was the opinion of the physician, that solitary confinement had an effect on some constitutions, to accelerate the progress of consumption. The quiet and submissive demeanour of the Auburn prisoners, before mentioned, is strong proof of the power of solitary confinement to subdue the perverse tempers of bad men. But, unfortunately, we have been furnished with no evidence, proving, that those who have been released from this punishment by pardon, have been made good by the operation. On the contrary, the instances furnished tend to prove the reverse; for we find the three who 219 had experienced a long confinement in the cells, before they were pardoned, returning to their prison a few months after their liberation. If any conclusion can be relied on founded upon a comparison of those who have been in solitude, and those who have not, previous to their pardon, taking into consideration the time they were at large before their second commitment, it would appear that the punishment by labour, with the discipline of the prison, had been more effectual in retarding the commission of crime than solitude," &c. There appears to have been some difference in opin ion among these commissioners as to the expediency of an absolute or immediate repeal of the laws of New York, which provide the punishment of solitary confinement. After stating their several opinions they conclude as follows: "The result of the whole will be, that a majority of this board respectfully recommend to the legislature the repeal of the laws for solitary confinement in the connection with the full adoption of an effectual government and discipline; and that a majority of us would not recommend the same as a separate measure, nor in any case except in connection with such effective system of government and discipline." With the statement of these commissioners, respecting the effects of solitary imprisonment on the health, the official reports of the prison entirely coincide. From the report of the physician for 1823, it appears that there had been ten deaths; seven of them by consumption, five of whom were from among the solitary convicts.The patients who came into the hospital from the cells, were affected with difficulty of respiration, pain in the breast, &c. We give the following passage in the words of the physician." "It is a generally received and acknowledged opinion, that sedentary life, no matter in what form, disposes to debility, and consequently to local diseases. If we review the mental causes of disease, we shall probably find that sedentary life in the prison, as it calls into aid the debilitating passions of melancholy, grief, &c. rapidly hastens the progress of pulmonary disease."-The report of 1824 stated, that of nine deaths, five were persons who had been in solitary confinement, and who died with consumption, accompanied with affusions of water; that a number were pardoned by reason of disease, which by continued confinement would have terminated in consumption and death; and in fact some cases did so terminate after pardon. "A number of these convicts became insane while in solitude; one so desperate that he sprang from his cell, when the door was opened, and threw himself from the gallery, upon the pavement; which nearly killed him, and undoubtedly would have destroyed his life instantly, had not an intervening stove pipe broken the force of his fall. Another beat and mangled his head against the walls of his cell until he destroyed one of his eyes."* The result was the abandonment of solitary confinement without labour, and the introduction of the system of separate dormitories with joint labour; of which we shall have occasion to speak hereafter. In New Jersey, a number of the convicts have been sentenced to solitary confinement in the state prissona t Lamberton, and in some instances have remained eighteen months, and even two years in solitary cells without intermission. We call the cells solitary, because the convicts are corporeally separated from each other; but in fact, as we personally observed on a visit to this prison, the neighboring criminals are able to converse with little more impediment, than if they were in the same apartment. They do actually converse with each other; and therefore one great character of solitary imprisonment is wanting here. It is true, that in the cells, exercise is impracticable to any extent; but we found, on inquiry, that the physician occasionally directed that they should have the benefit of a change of air and exercise.. * Account of Auburn prison by G. Powers, page 36. Nothing of value as testimony upon the point we are now discussing is to be derived from this prison. We may add, however, that at the session of the legislature of New Jersey of 1826–7, a joint committee was appointed to examine into the condition of the prison, who made a report recommending the abandonment of solitary confinement, in the following words. "They consider solitary confinement as not answering the purposes expected, in improving the morals of the prisoners, any more than hard labour, if so much; and they recommend confinement at hard labour in future, as the best mode of punishment and the most productive to the state." In Virginia, the system of solitary imprisonment without labour, has had a full trial; and we believe is still in operation. We have already made an extract from a report of the directors tending to show the effect of such confinement on the spirits of the prisoner, where a hope of pardon was permitted. In the report for 1825, of the physician to the establishment, we find the following strong testimony as to the bodily health of the convicts. "I believe it a duty I owe to my country, and to humanity, to remark that whatever may have been anticipated from the effects of solitary confinement under the present arrangement, the practical operation is not in accordance with the principles upon which the penitentiary system of punishment was established. Whether it is the climate, the construction and ventilation of our cells, or from what other cause, I am unable to say; but from a fair experiment nothing has presented itself to my observation, (since I have had charge of this institution,) more destructive to the health and constitution of the convicts than six months close and uninterrupted solitary confinement upon their first reception into the prison. The scurvy and the dropsy are the diseases most prevalent; a demonstration of this fact is known to you, from the frequent application to the proper authorities for their removal from the cells to the hospital, and the length of time remaining there, debilitated and emaciated by these distressing maladies, before they are in a condition either to be returned to the cells or put to any regular business." The intelligent superintendant of the Virginia prison has favoured us with his opinion on this subject, which is entitled to great consideration in consequence of the experience acquired by his official situation. We make the following extracts from his communication to us: them, generally, to maintain. I have not seen but one that stood close solitude twelve months, that was able to get a living from his own labour. It strikes me very forcibly, that the experiment of close solitary confinement, (so far as relates to our climate,) would turn loose on society a mass of emaciated human beings, without trades, money or friends, to be supported by the public; thereby increasing pauperism instead of diminishing it." The importance and value of the information furnished by the different passages we have cited, must furnish one excuse to the legislature for their length. They sufficiently, we think, sustain our proposition, that the system of solitary confinement without labour, is likely to produce either bodily or mental infirmity in its subjects. We are aware, that it may be said in favour of the new penitentiary near Philadelphia, that by providing airing exercising yards for the prisoners, it removes a principal cause of complaint; but we fear that the advantage is more specious than solid. For, 1st-these airing yards are without cover, and therefore exposed to rain, snow, and inclement air; 2nd-where no inducement exists, as in the case of labour, it is believed the opportunity will not be resorted to by the convicts; and 3d-in consequence of the construction of the yards, it is supposed that the convicts will be out of the reach of inspection, and will be able to hold conversation with each other, as we shall show more fully hereafter. 3. A third objection to the system of solitary confinement without labour, arises from the effect it produces upon the habits of the convict, and his ability to pursue an honest calling after his discharge from imprisonment. We will suppose that a convict has passed his allotted period of one, two, three or four years within the walls of his cell, without having pursued any species of labour; and, that, (contrary, as we think to all probability) he leaves it in as good a state of health, and with equal powers of body and mind, as when he went in, it is important nevertheless, we think, to ascertain with what habits and dispositions he is likely to re-enter society. We have already had occasion to remark, in connection with this subject, upon the influence of the habit on the springs of human actions. No one who has had an opportunity to make the observation can doubt, we think, of the paramount power of habits of idleness. "There is perhaps no punishment that can be devised, No one but must be sensible how difficult it is with the better calculated to keep vice in check, than solitary best intentions to regain the facility of industrious laconfinement; but how far this should be extended con- bour, which, even a short time passed in idleness has dissistently with the principles upon which the penitentiary organized. With this knowledge of the human constisystem was originally established, is a subject which has tution, it is not difficult to anticipate the consequences called forth a diversity of opinions. To be close and un- to a convict, of even a single year of utter idleness, and interrupted, (as far as my experience goes,) will destroy inaction. Whatever may have been the previous habits the constitutions of seven-tenths of those on whom it is in- of the individual, it is to be feared, that the time thus flicted, and kill many. To confine for limited periods, spent, will unfit him in more ways than one, for those and then associate them together, will destroy all the industrious and laborious pursuits necessary to virtuous moral effect the confinement has had on the convict; to success in life. Even in the case of the most active and confine separate, and to work at the same time, (by which industrious, who had been previously educated to, or, the health is preserved) is perhaps the best plan; but had pursued some honest calling, it is believed that the the kind of work that they can do alone would be so dominion of indolence would be found predominant.unprofitable, that I doubt if any would pay the cost of But, in point of fact, we understand that of the tenants the materials except shoemaking, which, in a close room of our penitentiaries a large proportion consists of perwould aid the confinement in destroying the constitu- sons who have never adopted honest labour, in any purtion of the prisoner. One of the great objects of the suit, as the means of obtaining a livelihood. Of 522 conpenitentiary system of punishment, is to put the offender victs in the state prison in the city of New York, in 1810, in a condition that may enable him to be useful to him- it appears that 218 had no particular calling or occupaself. If this is not desired at the present day, and the tion. In the Auburn prison, the whole number of cononly object sought is to place him where he has no pow-victs received from the commencement amounted on the er to injure society, then the close and uninterrupted solitude is the plan. While in this condition, society is as safe as if the offender were dead. Upon being discharged society would in a great degree be secure, few would have the strength to do much injury, because of their broken-down constitution: the public would have 1st of October, 1826, to 997, of whom only 365 had been engaged in any mechanical occupation. If we suppose one half of the number of convicts in our penitentiaries to be destitute of the knowledge of any useful trade or art, it strikes us as affording a strong objection to the system of solitary confinement without labour, that it sends them out into the world without the means of earning an honest maintenance. Let us suppose the case of a solitary convict discharged without money, friends, habits of industry or the capacity of pursuing any business. We will suppose also that solitary reflection, or a course of religious instruction within the prison has reformed his disposition, and inclined him to prefer virtue to vice, and the honest profits of labour to the quicker gains of fraud; yet, surrounded by temptation, and pressed perhaps for subsistence which he has no means of obtaining by his own labour, it will not be matter of surprise if he relapses into his former train of evil doing. Let us remark, too, that unless the habits are radically affected; unless a course of industry is worked into the grain of the convicts life, the impression produced by the course of reflection on solitude for which so much good has been anticipated, will probably be of short duration. In the gloom and solitude of a cell, promises of amendment will doubtless be often made, and in some cases perhaps seriously intended to be performed. But, he has taken only a superficial view of human nature, who believes that such intentions are likely to withstand the influence of the passions, and of example, when the convict comes again to mix in the world, without resources or employment, and at a period of life when mere impressions are not likely to be very permanent. Of 997 convicts in the Auburn prison, no fewer than 585 were under the age of 30 years; and it follows that about the same proportion was discharged at that critical period of life. We see great reason to fear, therefore, that very serious consequences will ensue the discharge of convicts from confinement in solitude without labour. A very respectable member of the British parliament, who has paid great attention to the subject of the prison discipline, has the following passages in one of his writings, the soundness and truth of which, we think must be apparent to the legislature. Besides the rights of the individuals, there are duties to the community. Parum est improbos coercere poena, nisi probos efficias disciplina. One of the most important of these duties is, that you should not send forth the man committed to your tuition, in any respect a worse man, a less industrious, a less sober, or a less competent man, than when he entered your walls. Good policy requires that, if possible, you dismiss him improved.' We have thus stated the principal advantages which have been supposed to arise from the system of solitary confinement without labour, and the objections to which it has appeared to us to be liable. And upon the whole, we feel assured that the legislature will concur with us in the opinion, that the inconveniences and dangers which seem to be inseparable from the system, greatly outweigh the benefits that are expected from it. The subjoined account of York county has been re ceived from a correspondent. We hope others will be induced to follow his example, and forward to us similar information from each county. York County, March 26th, A.D. 1828. York county is situated along the southern border of this state, and bounded on the south by the Maryland line, due east and west, and extending along the said line in length 43 miles, on the east by the counties of Lancaster and Dauphin, along the western shore of the Susquehanna river, in length 51 miles, on the north by Cumberland county, in length 18 miles, and on the west by Adams county, in length about 28 miles, covering an area of 900 square miles, containing 576,000 acres of land, &c. The population, according to the census of 1820, was 38,759, the valuation of property as by the late assessments, is about $360,000. This county is di 221 vided into 24 townships, and contains a number of flourishing towns and villages, among these are YORK, Frystown, Buttztown, Hanover, Schrewsbury, Wrightsville, Liverpool, New Holland, Strinestown, York Haven, Newburg, Newmarket, Lewisburg, Dillstown, Dover, Mechanicksburg, Jefferson, Franklin, Rosstown, and Weiglestown, besides some other villages of less note, &c. This county is finely watered by having the noble Susquehanna flowing along the greatest length of the county, the several branches and smaller streams discharging themselves into the great Codorus, the Conewago and Yellow Breeches, and these together with the Muddy creek, Fishing and Beaver creek, Creutz creek, Cabbin branch, Canadochly creek, and Otter creek, besides some of smaller dimensions, all flowing nearly in an easterly direction, and discharging themselves into the Susquehanna river. The Codorus creek is a fine and noble stream flowing through the town of York; some of the enterprising citizens of York having made some efforts of improving the navigation of this stream, &c. The natural productions of this county are iron and marble, of an excellent quality, &c. Agriculture is carried on to a great extent, and the productions are chiefly wheat, rye, corn, hemp, flax, tobacco, and cloverseed, and also peach and apple brandy, rye whiskey and country gin are distilled in large quantities, and the manufacturing of flour is carried on very extensively; the trade is chiefly carried down the Susquehanna to Baltimore. The articles of trade are iron, wheat flour, hemp, flax, tobacco, cloverseed, whiskey, and pork, &c. The cultivation of the vine has also been carried on in this county with considerable success, but as yet being in its infant state, and owing to the inexperience generally in this county in manufacturing the juice of the grape, the perfection thereof is somewhat retarded in the progress of manufacturing the wine in its pure state to perfection. I will also enumerate the most important public improvements erected in this county, which are as follows, viz. First, of Furnaces. Margaretta furnace, situated eleven miles east from the town of York, and three miles west of the Susquehanna river, in the valley of Canadochly in Windsor township, on the Cabbin branch. This furnace is nearly new, and has been in blast two years; the ore bank is immediately at the works, the coaling is also convenient, and capable of making upwards of 2000 tons of pig metal and other castings annually. The property of Henry Y. Slaymaker, & Co. A steam furnace, situated in the town of York, where all kinds of castings are made, &c. The property of Israel Gardner. Heirs, &c. &c. Spring forge, situated 5 miles south west of York, on the Codorus creek, and is capable of making about 350 tons of bar iron annually; being the property of Thomas B. Coleman. Castle Finn Forge, situated 28 miles south east of York, near the Susquehanna river, and about 3 miles Chanceford township; this furnace being newly built, from Maryland line, on the Muddy creek, in Lower and only in operation about one year, and capable of manufacturing about 400 tons of bar iron annually; and being the property of Thomas B. Coleman. Tilt Hammers. A tilt hammer, situated on the Codorus creek, 3 miles from York, where iron articles are manufactured from the bar to a large extent, owned by Michael Weidman. One tilt hammer, situate on Little Codorus creek, 4 miles from York, where iron articles are made from the bar very extensively, and owned by Abraham Musser. Also a tilt hammer, situated about 30 miles from York, on Rock run, in Peach Bottom township, where all kinds of iron articles and cutleries in a very extensive way are manufactured from bar iron, and being the property of Joseph B. Wiley, &c. In the town of York there is one steam mill, carding machine, and other machinery propelled by steam, the property of James B. Wells. Also a steam mill some distance from York, built on a very superior plan; the property of John Mumma. STATE HOUSE BELL, &c. J. B. The following correspondence has been extracted, by permission of Joseph P. Norris, esq. from the letterbook of Isaac Norris, one of a committee to procure from England, a Bell, &c. for the State House; the letters were addressed to Robert Charles, of London, and exhibit all the facts relative to its history, which, from its connexion with the important events of the revolution, has assumed a consequence, and created an interest, which under other circumstances would not have been given to so trivial an object. The fact of being unable to procure a bell and glass for the State House, in this country, shows that much less progress had been made in manufactures and the mechanic arts, than one would have expected, at the end of seventy years from its set. tlement, and especially in a city characterised, in many other respects, by so much of the spirit of improvement. The Clock, it appears from the letters, was made in this city, as also was the bell, which was at first used in the steeple, and perhaps also on the 4th of July 1776, but of this we are not certain, as a second bell was imported from England; but this not differing much from the one made in this city, the probability is that the last conti nued to be used. November 1, 1751. Respected friend Robert Charles, The Assembly having ordered us, (the superintendants of the state house) to procure a bell from England, to be purchased for their use, we take the liberty to apply ourselves to thee to get us a good bell, of about two thousand pounds weight, the cost of which, we presume may amount to about one hundred pounds sterling, or perhaps with the charges something more, and accordingly we have enclosed a first bill of exchange by John Porsin & Son on Messrs. Thomas Flowerden & Co. for £100 sterling. We would have chosen to remit a larger bill at this time, but will take care to furnish more, as soon as we can be informed how much may be wanted. We hope and rely on thy care and assistance in this affair, and that thou wilt procure and forward it by the first good opportunity, as our workmen inform us it will be much less trouble to hang the bell before their scaffolds are struck from the building where we intend to place it, which will not be done till the end of next summer or beginning of the fall. Let the bell be cast by the best workmen, and examined carefully before it is shipped, with the following words well shaped in large letters round it, viz. By order of the Assembly of the Province of Pennsylvania, for the State House in the city of Philadelphia 1752. And underneath, "Proclaim Liberty through all the land to all the inhabitants thereof."-Levit. xxv. 10. I have before me thy letters to the superintendants of the state house. The bell is come on shore and in good order, and we hope will prove a good one, for I have heard that it is approved by all hitherto, though we have not yet tried the sound; we are making a clock for it of our own manufacture, which we expect will prove better than any they would send us from England, where, when once they had it put out of their hauds, they have done with it; but here the workman would be made very uneasy if he did not exert his utmost skill, as we do not stint him in the price of his labour, The superintendants of the state house, by me, return their thanks for thy care in procuring us so good a bell, and we may hereafter join in a letter for that purpose. March 10, 1753. In that letter (above) I gave information that our bell was generally liked and approved of, but in a few days after my writing I had the mortification to hear that it was cracked by a stroke of the clapper without any other violence, as it was hung up to try the sound; though this was not very agreeable to us, we concluded to send it back by Capt. Budden, but he could not take took to cast it here, and I am just now informed they it on board, upon which two ingenious workmen underhave this day opened the mould, and have got a good bell, which I confess pleases me very much that we should first venture upon and succeed in the greatest bell cast, for ought I know, in English America. The mould was finished in a very masterly manner, and the letters, I am told, are better than in the old one. When we broke up the metal, our judges here generally agreed it was too high and brittle, and cast several little bells out of it to try the sound and strength, and fixed upon a mixture of an ounce and a half of copper to one pound of the old bell, and in this proportion we now have it. Our glass we now begin to want and expect, as the new room we have added to the state house, and which we design for the committees and our books, is near finished. April 14, 1753. A native of the Isle of Malta, and a son of Charles Stow, were the persons who undertook to cast our bell, they made the mould in a masterly manner and run the metal well, but upon trial, it seems they have added too much copper in the present bell which is now hung up in its place, but they were so tiezed with the witticims of the town, that they had a new mould in great forwardness before Mesnard's arrival, and will be very soon ready to make a second essay-if this should fail, we will embrace Lister's offer and send the unfortunate bell again to him by the first opportunity. November 8, 1753. We got our bell new cast here and it has been used some time, but though some are of opinion it will do, I own I do not like it-if therefore Sister will cast us another upon the terms he formerly proposed, that is two pence a pound for re-casting and send it at our risk, for which we will pay the insurance there, I will engage to return the present bell by the first opportunity-this proposal to a bell founder, who must always have a quantity of metal in stock, cannot I should think, make much odds, and I have an inclination to compare the sounds. If he accepts of these terms for which I will engage, he may cast the bell as soon as he pleases, and then we must depend upon your care in shipping it by first good opportunity. May 3d, 1754. Upon my return from this journey (to Albany) I shall make the necessary provision for the cost of our bell, for we have not yet concluded, whether to send back our old bell and pay for the casting or to keep them both, as the difference in comparing them is not very great. May 8, 1754. In the Pennsylvania Packet, June 7, 1753, we find the following notice, "Last week was raised and fixed in the state house steeple, the new great bell, cast here by Pass and Stow, weighing 2080 pounds, with this motto, "Proclaim Liberty through all the land to all the inhabitants thereof." MAYOR'S COURT. Commonwealth vs. William McClung March 26, 1828. This was an extraordinary case in the law of nuisance; the indictment charging the defendant with keeping a furious and dangerous dog, to the annoyance and fear of the neighbourhood and passers-by. The evidence was nearly this: For four years, Mr. McClung, who lives in Pine near Second street, has had a dog, kept as a watch dog to guard his premises, the witnesses differed as to his real character, some asserting that he was a vicious, others, a docile creature. It was clear that he had bitten several persons; as many as sixteen distinct bites were given in evidence; and among the rest, none suffered more severely than Mr. Irving's family, in that neighbourhood. Several children were produced, and proved that they had been assaulted and bitten by the dog, some while passing the house, others while in Mr. McClung's shop. It was the habit of Mr. McClung to keep the animal chained while in his shop, on week days, but sometimes he would let him go abroad, and always on Sunday, he gave him his liberty. Mr. Irving requested the defendant to keep him constantly chained, and murmured about the dangers and fears of the neighbourhood; the defendant refused to do so, and said that he could keep him at home on week days, because the Mayor would kill him if he went abroad, but on Sundays, dogs were allowed to range freely, and so should his. Mr. Irving, after this answer, commenced the prosecution, and shortly afterwards the defendant sent his dog away. The defence set up was predicated on the testimony of several of the neighbours, who testified that they did not fear the dog; that he did not annoy them; that he was a docile dog, except when vexed or chafed; and that he guarded McClung's house against depredation, and also an adjoining stable yard. It was also urged that the offence was not indictable criminally, but only recoverable for, in damages, in a civil proceeding. The Recorder, Judge Reed, after stating the facts to the Jury, in a clear manner, distinctly laid down the law in favour of supporting the indictment; that it was an indictable offence to keep, and to allow to go at large, any dangerous, ferocious, or biting animal, to the annoyance and terror of the neighbourhood or the public. 223 For the prosecutor, H. J. Williams, Esq.-for the defendant, J. O'Daniel, Esq.—U. States Gaz. Insolvent Court. An interesting case took place in the insolvent court, March term. A boy of eight years of age, named John Deal, an applicant for the benefit of the law, came forward to be discharged. The only creditor was the commonwealth, for costs in a criminal action of assault and battery. Judge King suspended his discharge, from motives of humanity until the case could be investigated; not being willing to allow so severe a stain to attach to character. After inquiry, the county commissioners agreed to pay the costs, and the petition was laid over. It is believed that so young an applicant was never known before in Pennsylvania. Same Term.-There were 178 applicants, 50 were opposed and the remaining 128 discharged before 12 o'clock.-Ibid. Canal Memoranda. The first canal boat that left this city for Middletown, was the Fair Trader, Capt. Smith. She left the wharf of D. W. Wentz & Co. at Schuylkill Vine street, with a load of fish, belonging to Mr. Hood Irving, merchant of this city. On aproaching Middletown, on the 23d ult the boat was met by a very large concourse of citizens, who accompanied her up to the town-being the first boat that arrived from the city at that place. The Dauphin arrived the day following. The consignees at Middletown, Messrs. M'Nair & Rogers, acknowledged the arrival of their merchandize, by forwarding to the shippers in this city, a generous cask of real Monongahela. The Dolphin was the first boat that arrived at Philadelphia through the Union Canal. The cargo brought by the Dolphin was upwards of 22 tons, and in the quickness of her passage she appears to have emulated the celerity of the beautiful fish, her namesake, as it is believed she made the quickest passage from Reading here of any loaded boat that we know of. She left Reading at 2 o'clock in the afternoon, and arrived at Philadelphia at 4 o'clock next day. This short passage may be partly attributed to the better construction of the Union Canal boats; they being very long, and only 8 feet wide, enables them to be pas sed through the water, with less resistance, and a much lighter draft to the horse. It is stated from good authority, that the Chesapeake and Delaware Canal is rapidly advancing to completion. On 27th ult. the packet sloop Lady Clinton passed along the canal from the Delaware to the wharf near the summit bridge, with a large party of persons; the distance is considerably more than half the length of the canal, and the work is complete to within three miles of the same point from the Chesapeake, although the water has not been let in west of the summit. The amount of excavation remaining to be done at the deep cut is comparatively very small; the banks through the St. George's meadows have ceased to sink; and the walling of the sides, though much remains to be done, is advancing with all speed. Mr. Dexter, the contractor for the western portion, expects to finish his work entirely in June; and confident expectations are entertained of the completion of the whole canal early in the autumn.Nat. Gaz. Auction Duties. The following is a statement of the duties paid by the auctioneers, for the last quarter: R. F. Allen M. Gillingham S. C. Ford The Jury, after a short interval, gave in a verdict of J. Jennings "GUILTY." The novelty of the question, and its gen-M. Nisbet eral importance, imparted an interesting character to the P. Graham discussion and decision of it. J. Lippincott $6,351 68|J. F. Lewis 5180 91 S. Wagner 3567 73 M. Thomas 2688 00 G. W. Richards 2231 78 T. B. Freeman 1892 94 J. D. Goodwin 1857 891 $1,781 68 653 96 594 62 235 95. 211 65 23 96 |